Read more at LGBTQ Nation.
Colorado’s legislature has just passed a bill to curtail conversion therapy in the state. It now goes to Gov. Jared Polis‘ (D) desk. Polis is gay, has been supportive of LGBTQ+ rights in the past, and is expected to sign it.
The bill, H.B. 26-1322, or the Civil Actions for Conversion Therapy Survivors Act, would allow conversion therapy survivors to sue therapists for damages if they tried to change their sexual orientation or gender identity.
The bill defines conversion therapy as treatment provided by a licensed mental health professional with the “predetermined outcome” of changing someone’s gender identity or sexual orientation. This effectively keeps the bill from applying to members of the clergy or lay ministries – most conversion therapy in the U.S. is performed by religious organizations, not licensed therapists – and creates an exemption for discussions of LGBTQ+ identities that come up in therapy, a matter of contention in a recent Supreme Court case.
The legislation passed the state senate last week in a party-line vote after already passing the Colorado House of Representatives. The state senate amended the bill so it had to pass the state house again, which happened late last week, the Colorado Daily Camera reports.
The bill was introduced as the Supreme Court considered a challenge to Colorado’s previous ban on conversion therapy, passed in 2019. That ban on conversion therapy has never been enforced in the state, but a Christian therapist sued, saying that it violated her freedom of speech. She argued that it would ban her from even discussing LGBTQ+ identities with her clients, even though the state said repeatedly that it would not.
The Court ultimately ruled against the ban in Chiles v. Salazar, saying that it violated therapists’ First Amendment rights, and sent the case back to a lower court to reevaluate the law under a higher legal standard. Experts believe this means that Colorado’s 2019 conversion therapy ban – and bans like it passed in 26 other states and hundreds of municipalities – will likely eventually be overturned by courts.
The new bill is an attempt to circumvent the Court’s decision by treating it as a civil matter. The bill was introduced by state Reps. Alex Valdez (D) and Karen McCormick (D), and in the Colorado Senate by state Sens. Lisa Cutter (D) and Kyle Mullica (D).
LGBTQ+ rights advocates supported the bill, including trans National Center for LGBTQ Rights Legal Director Shannon Minter, who referred to the Supreme Court’s decision in Chiles as “specific guidance about how to amend conversion therapy laws to be viewpoint-neutral.”
“Given the urgency of this issue and the danger that conversion therapy poses to youth, Colorado moved swiftly,” he said. “Today this legislation is moving to the desk of Governor Polis and will protect Colorado’s youth and families from this discredited practice.”
“Colorado’s story is still being written, and today we took another step toward becoming a state where LGBTQIA+ people can live openly, safely, and fully as themselves,” said One Colorado executive director Nadine Bridges in a statement. “This victory belongs to the survivors, advocates, and community members who refused to let this issue be forgotten.”
Conversion therapy is a harmful practice based on the idea that LGBTQ+ identities are the result of trauma and that LGBTQ+ people need to fundamentally change who they are in order to be a good person. The practice has been linked to several harmful results, including anxiety, depression, eating disorders, and suicidality.
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